活动
CUHK LAW Greater China Legal History Seminar Series – ‘The Dian – a Pre-revolutionary Security Right with Post-revolutionary Implications’ by Dr. Ulrike Glueck (Online)
2025年2月28日
12:30pm – 2pm
Online via ZOOM
Dr. Ulrike Glueck, Managing Partner, CMS Shanghai, China
Dr. Ulrike Glueck studied law at and graduated from Passau University, Germany. From 1988 to 1989 she studied at East China University of Politics and Law, Shanghai and in 1993 again spent time at East China University of Law for researching the history and recent legal situation of the Dian. In 1997 she received her doctorate from Passau University on her thesis on the Dian. In 1996 she was admitted to the bar in Frankfurt, Germany and started to work in private practice. She has been working in Shanghai since 1998, is specialising in Corporate and M&A and is now Managing Partner and Head of Corporate Practice Area Group and TMC Sector Group of CMS in China.
law@cuhk.edu.hk
The term Dian (典) refers to the following situation: an object, mostly land or buildings, is transferred to a creditor for use in return for payment of a sum of money, the dian price (dianjia – 典價).The dian giver/dian debtor (出典人) can later redeem the dian object in return for repayment of the original dian price. No interest is paid during the term of the Dian. The interest payment by the dian giver is replaced by the use of the dian object by the dian creditor (典權人).
The Dian is a Chinese legal institution with a very long tradition. It was probably already known in the later Han period (25 – 220 AD), but certainly since the Tang period (618 – 907 AD) and became widespread from the Song period (960 – 1279 AD). In the past, legal institutions of the Dian type were widespread in agrarian societies around the world. However, while all these legal institutions already centuries ago became only of historical interest, the Chinese Dian continued to exist into recent times. In PRC case law it can be traced until the 1980s and in the Civil Code of Taiwan, the Minfa (民法), regulations exist until today.
Language: English
